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UNITED STATES v. FIRST FEDERAL SAVINGS & LOAN ASS'N

No. 3258.

155 So.2d 192 (1963)

UNITED STATES of America, Appellant, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ST. PETERSBURG, a corporation organized and existing under the laws of United States, James C. Mort and Wilma C. Mort, his wife, Henry Kitt, Reliable Finance Company, a Florida corporation, and Best Buy Homes, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida. Second District.

On Rehearing July 31, 1963.

Attorney(s) appearing for the Case

Edward F. Boardman, U.S. Atty., and Arnold D. Levine, Asst. U.S. Atty., Tampa, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner and Robert L. Waters, Attys., Department of Justice, Washington, D.C., for appellant.

W.F. Davenport, of Greene & Davenport, St. Petersburg, for appellees.

SHANNON, Chief Judge.

The United States of America appeals from a final decree foreclosing a mortgage held by the appellee, First Federal Savings and Loan Association of St. Petersburg, wherein the chancellor held that the mortgagee's lien for attorney's fees was prior in dignity to the federal income tax lien.

The appellant has but one question on this appeal, and that is whether the recorded federal tax lien should have been

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